From Casetext: Smarter Legal Research

People v. Janes

Supreme Court of Colorado. EN BANC CHIEF JUSTICE MULLARKEY delivered the Opinion of the Court
Jun 21, 1999
982 P.2d 300 (Colo. 1999)
Download
PDF
Check
Treatment

Summary

reversing because the instructions confused or misled the jury about the burden of proof on the "make-my-day" defense

Summary of this case from People v. Lara
See 4 Summaries

Opinion

No. 98SC185

June 1, 1999 Petition Denied June 21, 1999

Appeal from the District Court of Clear Creek County, Honorable William L. Jones and Honorable Oyer G. Leary, JJ.

JUDGMENT AFFIRMED

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert Mark Russel, First Assistant Attorney General, Elizabeth Rohrbough, Assistant Attorney General Criminal Enforcement Section, Denver, Colorado, Attorneys for Petitioner.

Scott H. Robinson, Scott H. Robinson, P.C., Denver, Colorado, Attorney for Respondent.

Summaries of

People v. Janes

Supreme Court of Colorado. EN BANC CHIEF JUSTICE MULLARKEY delivered the Opinion of the Court
Jun 21, 1999
982 P.2d 300 (Colo. 1999)

reversing because the instructions confused or misled the jury about the burden of proof on the "make-my-day" defense

Summary of this case from People v. Lara

In People v. Janes, 982 P.2d 300, 304 (Colo. 1999), we held that a trial court's instruction on self-defense was insufficient because it did not include a directive to the jury that deadly physical force was justified where the victim reasonably appeared about to commit first or second-degree assault.

Summary of this case from People v. Garcia

evaluating whether instruction impermissibly conveyed the prosecution’s burden of proof

Summary of this case from People v. Jones

stating that the McNeese court's imposition of a condition requiring a homeowner defendant to prove by a preponderance of the evidence that the victim "knowingly made an unlawful entry" was interpreting the "unlawful entry" language "in context of a defendant's motion for pretrial statutory immunity"

Summary of this case from People v. Jones
Case details for

People v. Janes

Case Details

Full title:The People of the State of Colorado, Petitioner, v. Mark Kelso Janes…

Court:Supreme Court of Colorado. EN BANC CHIEF JUSTICE MULLARKEY delivered the Opinion of the Court

Date published: Jun 21, 1999

Citations

982 P.2d 300 (Colo. 1999)

Citing Cases

Wood v. People

Although we granted certiorari review in Janes, the trial court's denial of the defendant's pretrial motion…

Ray v. People

¶13 On several occasions in the past, we have drawn a clear distinction between the prosecution’s burden to…

22 Citing Cases